Joaquin R. Cavazos v. Alberto Cavazos

• Court: Court of Appeals of Texas
• Decided: December 10, 2015
• Docket: 13-15-00410-CV
• Status: Published

Opinion

NUMBER 13-15-00410-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

JOAQUIN R. CAVAZOS, Appellant,

v.

ALBERTO CAVAZOS, Appellee. ____________________________________________________________

On appeal from the County Court at Law No. 7 of Hidalgo County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Garza, Benavides, and Longoria Memorandum Opinion Per Curiam

Appellant, Joaquin R. Cavazos, filed an appeal from a judgment entered by the

County Court at Law No. 7 of Hidalgo County, Texas, in cause number CL-14-4622-G.

Appellant has filed an unopposed motion to dismiss the appeal on grounds the appeal is

moot. The trial court signed a judgment in favor of appellee and against appellant on

June 8, 2015. The trial court subsequently granted appellant’s timely motion for new trial

on September 14, 2015, while it still had plenary jurisdiction over the case. See TEX. R.

CIV. P. 329b (c), (e).

The Court, having considered the documents on file and appellant’s unopposed

motion to dismiss the appeal, is of the opinion that the motion should be granted. See

TEX. R. APP. P. 42.1(a). Appellant’s motion to dismiss is granted, and the appeal is

hereby DISMISSED as moot. Costs will be taxed against appellant. See TEX. R. APP.

P. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the

appellant."). Having dismissed the appeal at appellant’s request, no motion for rehearing

will be entertained, and our mandate will issue forthwith.

PER CURIAM

Delivered and filed the 10th day of December, 2015.